Goods and Services Tax: A New Era

By Nitesh Jindal, Dr Ram Manohar Lohia National Law University, Lucknow.

Goods and Services Tax (GST) is an indirect tax which will bring transparency and effective governance in the country. It is a destination-based tax levied at multiple stages, starting with the manufacturing stage, to the sale of goods stage, whose overall burden has to be borne by the final consumer. GST has paved the way for a common national market by subsuming many indirect taxes, which, previously, were being levied by the Centre and the States, at various stages of production and which in turn had created many complications, such as, overburdening the consumers by various taxes, cascading of taxes, etc. (more…)

Tax Reformation in India: An Analysis

By Syashu Pesswani, University of Petroleum and Energy Studies, Dehradun.

President Pranab Mukherjee, with the press of a button at the midnight of July 1, 2017 in the Parliament’s Central Hall of India, switched to GST, the single biggest reform undertaken by the country in its 70 years of independence. It is basically established to subsume various indirect taxes levied at different levels, with the idea of reducing red-tape, plugging leakages and paving the way for a transparent indirect tax regime. (more…)

Easwar Panel Report: How people-friendly can the tax laws be?

By Anusmita Mazumder, Department of Law, University of Calcutta.

Just a few days ahead of the Union Budget 2016-17, a committee was asked to make necessary recommendations for simplifying the current Income Tax Laws, which accordingly has recommended a higher threshold for deduction of tax at source and cuts in rates, plus measures to reduce litigation. The 10-member panel is chaired by Mr R V Easwar, a former High Court Judge. Appointed in October, 2015, the panel gave its first 78 pages report on January 18, 2016. This report is a draft issued to elicit feedback before finalization. Comments and feedback had been invited to make alteration additions, if any, till January 23 after which the panel is to submit their final report on January 31, 2016. (more…)

Goods and Services Tax: Concept & Analysis

By Ananya Banerjee, WBNUJS, Kolkata.

Indirect Taxes & GST

The Constitution (One Hundred and Twenty-Second Amendment) Bill, 2014 (the “Bill”) seeks to amend the Constitution to change the indirect tax structure of the country to facilitate the introduction of Goods and Services Tax (“GST”). Following the footsteps of most of the developed countries, the Centre is trying to implement a centralized structure with respect to goods and services. GST is meant to be a single, comprehensive tax that will subsume all the other smaller indirect taxes applicable on consumption. (more…)

Much Ado About Taxing: A Legal Scrutiny Of Amazon’s Dispute With Tax Authorities In Karnataka

By Archishman Chakraborty, Symbiosis Law School, Pune.

In September, 2014, the Tax authorities in Karnataka barred Amazon India from selling electronics and several other products from its warehouse in the State, by cancelling the licences of third-party merchants who were working with the local unit of the world’s largest online retailer. Notice was served to more than a hundred third party merchants disallowing them to register Amazon’s warehouse as their ‘additional place of business’. (more…)

Online VAT Returns: Filing and Registration

By Devashish Jain, University of Petroleum and Energy Studies.

Starting with the definition of Value Added Tax (VAT), it is an indirect tax that is imposed on the consumption of the goods, paid by its original producer (The Manufacturer) upon the change in the goods to the ultimate consumer. It is based on the value added to the goods by the transferor, thus it is a tax in relation to the difference of the value added by the transferor and not just a profit on sale. (more…)